RUCKER v. UNITED STATES

No. 11620.

206 F.2d 464 (1953)

RUCKER v. UNITED STATES.

United States Court of Appeals District of Columbia Circuit.

Decided June 11, 1953.


Attorney(s) appearing for the Case

Mr. Samuel Green, Washington, D. C., with whom Mr. John J. Dwyer, Washington, D. C., was on the brief, for appellant.

Mr. Alexander L. Stevas, Asst. U. S. Atty., Washington, D. C., with whom Messrs. John D. Lane and William J. Peck, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellee. Mr. Charles M. Irelan, U. S. Atty., at time brief was filed, Washington, D. C., and Mr. William R. Glendon, Asst. U. S. Atty. at the time of argument, Washington, D. C., were on the brief for appellee. Mr. William E. Kirk, Jr., Asst. U. S. Atty. at time record was filed, Washington, D. C., entered an appearance for appellee.

Before CLARK, PROCTOR and FAHY, Circuit Judges.


PER CURIAM.

This appeal is from a judgment of conviction and sentence for illegal sale of heroin in violation of I.R.C. § 2554(a), 26 U.S.C.A. § 2554(a). Two questions are presented.

(1) It is contended that the evidence established entrapment, as a matter of law, by the arresting officer and his associate, an informer; therefore, that the court should have directed acquittal. However, the court treated the evidence as presenting a question of fact...

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